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<br />22.3.3 <br /> <br />Receipt or acceptance by the unit member of any money or other consideration from anyone <br />other than the City for the performance of an act which the unit member, if not performing such <br />act, would be required or expected to render in the regular course of hours of his/her City <br />employment or as a part of his/her duties as a City employee; <br /> <br />22.3.4 <br /> <br />The performance of an act in other than his/her capacity as a City employee, which act may later <br />be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City <br />or any of its officers or employees; <br /> <br />22.3.5 <br /> <br />Such time demands as would render performance of his/her duties as a City employee less <br />efficient. <br /> <br />22.4 <br /> <br />Any unit member who is determined to have engaged in an activity prohibited by or in violation of this <br />Article 22 shall be subject to disciplinary action including, without limitation, suspension or termination. The <br />unit member shall receive notice of the proposed discipline and shall have the right to appeal through the <br />Grievance Procedure contained in this Memorandum. <br /> <br />ARTICLE 23 <br /> <br />SEPARABILITY OF PROVISIONS <br /> <br />23.1 <br /> <br />Should any section, clause or provision of this Memorandum of Understanding be declared illegal by a final <br />judgment of a court of competent jurisdiction, the judgment shall not invalidate the remaining portions of the <br />Memorandum of Understanding, which shall remain in full force and effect for the duration of this <br />agreement. <br /> <br />23.2 <br /> <br />If the judgment of a court of competent jurisdiction invalidates any portion of this agreement, the parties <br />agree to meet and confer concerning substitute provisions for those rendered or declared illegal. <br /> <br />32 <br />